Malaysia Case Law: Decisions & Judgments | LexChat

Malaysia Case Law

House‑trespass

  • 20 Mar 2025

    RAJA ABDUL WAFY BIN RAJA MUHAMMAD ROOSHDI

    Citation
    AA-82-17-12/2021 (Mahkamah Majistret)
    Court
    Magistrates' Court
    Case number
    AA-82-17-12/2021 (Mahkamah Majistret)

    Applying the maximum evaluation test the Magistrate found the prosecution failed to prove beyond reasonable doubt that the accused entered without lawful permission and that he had the requisite criminal intent; evidence showed implied permission (retained keys, belongings, lack of clear notice, police conduct) and gaps in investigation; therefore no prima facie case existed and the accused was discharged and acquitted.

  • 11 Dec 2023

    MOHD JEFRI BIN AHMAD

    Citation
    WA-83RS-927-10/2022 (Mahkamah Majistret)
    Court
    Magistrates' Court
    Case number
    WA-83RS-927-10/2022 (Mahkamah Majistret)

    Prosecution proved only that accused entered the premises; it failed to prove by direct or sufficiently cogent circumstantial evidence that the accused pried open the glass door or that no other person could have committed the house‑breaking and theft; the oral application to drop section 34 was prejudicial and refused; only a non‑prejudicial wording addition ('to commit theft') was allowed; on the totality of evidence no prima facie case was established and the accused was discharged and acquitted.

  • 16 Aug 2023

    HASSAN BIN AHMAD

    Citation
    AA-83-479-04/2023 (Mahkamah Majistret)
    Court
    Magistrates' Court
    Case number
    AA-83-479-04/2023 (Mahkamah Majistret)

    Accused guilty on three charges; given the premeditation, violence, threats with weapon, repeated rapes while victim was bound and injured, and significant victim impact, custodial sentences within statutory limits were appropriate. Guilty plea did not mandate a discount sufficient to avoid substantial imprisonment. Distinct offences justified consecutive sentences: 20 years and 10 whips for first rape (s.376(2)(b)), 10 years and 10 whips for second rape (s.376(1)) to run consecutively, and 3 years for house-trespass (s.448) to run consecutively thereafter.